Tag Archives: David Perecman

The mother of Avonte Oquendo has filed a wrongful death lawsuit against the city, charging various agencies and individuals with negligence leading to the death of the 14-year-old autistic teen, according to published reports.

Vanessa Fontaine reportedly filed the suit last week in Queens Supreme Court blaming the Department of Education, NYPD and members of Avonte’s Long Island City school for her son’s death.

Among the Center Boulevard School individuals are school safety agent Bernadette Perez and principal Susan McNulty, reports said.

The 14-year-old was last seen at the Center Boulevard School in Long Island City across the street from the East River last October. Surveillance footage caught the teen running through the halls unsupervised before leaving the building. Almost four months later his remains were found washed up in College Point.

The lawsuit does not have a dollar amount, according to reports, however family attorney David Perecman previously said the family would be seeking $25 million.

After the search for autistic Rego Park teen Avonte Oquendo ended tragically, hundreds of mourners came out to say goodbye at his funeral Saturday, where he was remembered as a silent yet always smiling, courageous boy.

Family and friends gathered at a private ceremony held at the Greenwich Village Funeral Home in Manhattan, where a “beautiful silence” took over the room, said Leslie Burch, a close family friend. Also among those paying respects was actress Holly Robinson Peete, whose son has autism.

Avonte’s father is consoled before a service for his son at the Greenwich Village Funeral Home.

Mourners then made their way to St. Joseph’s Church, just a few blocks away, where a public mass was led by former Archbishop of New York Edward Michael Egan.

“He was a strong, courageous young man who handled the struggle with autism with tremendous greatness and true nobility,” said Egan, standing next to a large portrait of Avonte wearing a blue striped shirt, which was also handed out on prayer cards.

Egan also took the time to thank and recognize the efforts that went into the nearly four month search for the missing 14-year-old after he was last seen at the Center Boulevard School in Long Island City on Oct. 4.

Avonte’s mother waits to place a white rose on her son’s casket.

Officials confirmed Tuesday that remains found washed up along the East River in College Point last week were those of Avonte. The cause and manner of death are pending on future tests, according to the medical examiner.

“Police officers and various agencies of our beloved city made it no less clear that they too knew how precious Avonte was,” said Egan.

Although Avonte’s family decided not to speak during the services Saturday, his mother, together with his brothers and other mourners, laid white roses on top of his white casket following the release of doves outside of the church.

Another family member that attended the service was Avonte’s cousin and best friend 20 –year-old Noah Javan Conti from Woodside who is mildly autistic.

Rocopra Conti, who raised Noah and also attended the funeral, remembers the last time he saw Avonte. That day the teen grabbed Rocopra’s face and gave him one last look.

Noah Javan Conti, Avonte’s cousin and best friend, and Rocopra Conti.

“That was the last moment we shared,” said Rocopra. “I knew how to love him, I knew what he was feeling. I just wish I could have done more.”

Family attorney David Perecman, who spoke at the funeral mass, said that even though the search was concluded, the story is not finished yet.

“I must ask all of you, I ask that this not be the last chapter in this very sad story. We must have at least one more,” said Perecman. “This loss that this family has of Avonte cannot be in vain, we must find out how to fix our schools, we must find out how to fix the system of security that failed this boy.”

There have been conflicting reports on how Avonte, who could not verbally communicate and was supposed to be supervised at all times, managed to leave his school the day he went missing.

Following the identification of her son, Vanessa Fontaine filed suit against the City of New York on Wednesday in Manhattan Supreme Court, according to court records.

Fontaine filed the court action demanding the NYPD release records relating to the disappearance of Avonte, according to published reports.

Perecman also said he will be filing a $25 million negligence claim against the city, focused on the Department of Education, for wrongful death.

After human remains found in College Point were identified as missing teen Avonte Oquendo earlier this week, funeral plans have been set for this Saturday.

A private ceremony, opened only to friends and family, will be held at the Greenwich Village Funeral Home located at 199 Bleecker St. in Manhattan from 9 a.m. to 10:30 a.m.

A funeral mass will follow and be open to the public, beginning at 11 a.m., at St. Joseph’s Church, at 371 Sixth Ave.

It was confirmed on Tuesday that the remains found washed up along the East River in College Point last week were those of the missing teen, according to the NYC Office of the Chief Medical Examiner. Avonte was last seen almost four months ago at his Long Island City school.

The cause and manner of the death has not yet been determined and are pending on future tests, according to Bolcer.

Following the identification of her son, Vanessa Fontaine filed suit against the City of New York on Wednesday in Manhattan Supreme Court, according to court records.

Fontaine filed the court action demanding the NYPD release records relating to the disappearance of Avonte, according to published reports.

After a passerby found an arm and legs on the evening of Jan. 16 near Powell Cove Boulevard and Endeavor Place, police began to comb through the area. Over the weekend, authorities also recovered more body parts, as well as clothing Avonte was wearing when he went missing, according to cops.

Police said most of the body had been recovered as of Monday.

Avonte was last seen at the Center Boulevard School at 1-50 51st Avenue in Long Island City around 12:38 p.m. on Oct. 4. The school is just across from the East River.

There have been conflicting reports on how the Rego Park teen, who could not verbally communicate and was supposed to be supervised at all times, managed to leave the school.

Earlier this month, the family’s attorney David Perecman obtained a Department of Education (DOE) occurrence report which showed a timeline of what happened before, during and after the boy went missing – but only left larger question marks.

Perecman said he will be filing a $25 million negligence claim against the city, focused on the DOE, for wrongful death.

The cause and manner of the death has not yet been determined and is pending on future tests, according to spokesperson Julie Bolcer.

After a passerby found an arm and legs Thursday night near Powell Cove Boulevard and Endeavor Place, police began to comb through the area. Clothing discovered with the remains seemed to indicate that the search for Avonte could soon be over.

A pair of size 16 jeans and size 5 ½ Air Jordan sneakers found with the remains matched those belonging to Avonte, said David Perecman, the family’s lawyer.

Over the weekend, authorities also recovered more body parts, including a skull, another arm, jaw and rib bones, as well as a white shirt with gray stripes similar to what Avonte was wearing when he went missing, according to police.

“Rest in peace little brother. This world never deserved you. I will long for the day I can join you in paradise. Forever in our hearts, prayers, and mind. Love You,” he said in the post.

Oquendo also took the time to thank all who helped the family search for his brother during the past few months.

“The tenacity the world, especially NYC, has shown in regards to finding Avonte and spreading awareness has been unmatched in comparison to any other missing child investigation. For that we are forever grateful to you,” he said.

At the end of the post, Oquendo asks everyone to respect his family and give them both space and time as they mourn Avonte.

“Thank you for the prayers. God bless, and may Avonte rest in peace,” he said.

His mother, Vanessa Fontaine, previously told The Courier her son was afraid of the water and thought he “wouldn’t go near it.”

There have been conflicting reports on how the Rego Park teen, who could not verbally communicate and was supposed to be supervised at all times, managed to leave the school.

Earlier this month, Perecman obtained a Department of Education occurrence report which showed a timeline of what happened before, during and after the boy went missing – but only left larger question marks.

Perecman said he will be filing a $25 million negligence claim against the city, focused on the Department of Education (DOE), for wrongful death.

Schools Chancellor Carmen Fariña released a statement Tuesday saying the school community is in mourning and extended her deepest condolences to Avonte’s family.

“Over the past several months, I have been among the countless New Yorkers who have been holding our breath in hope that Avonte Oquendo would be found unharmed. And I am among the many who are heartbroken to learn the news today,” said Fariña. “As Chancellor, I am determined that we learn every lesson we can from this terrible tragedy and do everything in our power to prevent incidents like this from ever occurring again. Let Avonte remind us how important it is that we continue to look out for one another.”

As tests are underway to determine if the human remains and clothing found in College Point belong to missing teen Avonte Oquendo, the family’s lawyer has decided to hold back on the lawsuit until the results are known.

The search began when a passerby found an arm and legs Thursday near Powell Cove Boulevard and Endeavor Place about 7:15 p.m.

Police also found jaw, shoulder, collar and pelvic bones, ribs and several vertebrae, the NYPD said. Another arm and a skull were additionally found over the weekend. As of Monday, the search is continuing at the scene in College Point.

Police said most of the body has been recovered.

A pair of size 16 jeans and size 5 ½ Air Jordan sneakers were found with the remains, matching those belonging to Avonte, said David Perecman, the family’s lawyer.

Avonte’s family is still remaining hopeful, even though the developing investigation have been “weakening” for them, said Perecman.

“They’re a strong group so they’re doing the best they can,” said Perecman. “A small window has opened up of recognition of the grim reality. But they are still holding on hope.”

Perecman said they hope to have the test results by Wednesday.

He initially said on Friday that he would be filing a lawsuit Monday, focused against the Department of Education and school safety, seeking $25 million. Yet now he said he will be holding off with the lawsuit until the test results come in because the “nature of the lawsuit could change.”

The autistic teen was last seen at the Center Boulevard School at 1-50 51st Ave. in Long Island City around 12:38 p.m. on Oct. 4. The school is just across from the East River.

His mother, Vanessa Fontaine, said her 14-year-old son is afraid of the water and thought he “wouldn’t go near it.”

There have been conflicting reports on how the Rego Park teen, who cannot verbally communicate and is supposed to be supervised at all times, managed to leave the school.

Authorities continue to search the College Point site this weekend where human remains and clothing possibly belonging to missing teen Avonte Oquendo were found, as tests are underway to determine the body’s identity.

The search began when a passerby found an arm and legs Thursday near Powell Cove Boulevard and Endeavor Place about 7:15 p.m.

Police later turned up jaw, shoulder, collar and pelvic bones, ribs and several vertebrae, the NYPD said.

Another arm was additionally recovered over the weekend and the search is continuing Sunday, according to published reports.

A pair of size 16 jeans and size 5 ½ Air Jordan sneakers were found with the remains, matching those belonging to Avonte, said David Perecman, the family’s lawyer.

If DNA tests link the parts to Avonte, the family wants the city to pay up. Attorney David Perecman will file suit on Monday, seeking $25 million in a civil suit focused against the Department of Education and school safety.

A passerby found what police believe to be an arm and legs Thursday night near Powell Cove Boulevard and Endeavor Place about 7:15 p.m.

After searching the area, police discovered jaw, shoulder, collar and pelvic bones, ribs and several vertebrae.

A pair of size 16 jeans and size 5 ½ Air Jordan sneakers were found with the remains, matching those belonging to Avonte, said David Perecman, the family’s lawyer. The skin color, however, is unidentifiable.

A white shirt with gray stripes that is similar to what Avonte was wearing when he went missing was also discovered with the remains, according to police.

“It’s a huge amount of evidence,” Perecman said. “The evidence is the DNA.”

It will take “days” to determine if the body is Avonte, cops said.

“It’s been in the water long enough that you can’t tell the skin color. It’s been in the water long enough that it’s not an intact body,” Perecman said.

But Avonte’s mother, Vanessa Fontaine, continues to hold out hope.

Fontaine said her 14-year-old autistic son is afraid of the water and thought he “wouldn’t go near it.”

Perecman said Fontaine is “a stoic individual,” but “inside I think she’s twisted. The guilt that runs through her must be monumental.”

Avonte, 14, was last seen on October 4 at the Center Boulevard School at 1-50 51st Ave. in Long Island City. The school is just across from the East River. The Rego Park teen cannot verbally communicate.

There have been conflicting reports on how Avonte, who is supposed to be supervised at all times, managed to leave the school.

Since he went missing, the reward to find him has increased to $95,000.

It has been almost four months since Avonte Oquendo disappeared and new information on the day the autistic teen went missing has surfaced, leaving larger questions, according to the boy’s family’s attorney.

Avonte was last seen at the Center Boulevard School at 1-50 51st Ave. in Long Island City around 12:38 p.m. on Oct. 4. There have been conflicting reports on how the Rego Park teen, who cannot verbally communicate and is supposed to be supervised at all times, managed to leave the school.

According to a Department of Education occurrence report obtained by David Perecman, an attorney for Avonte’s family, a timeline shows what happened before, during and after the boy went missing.

The 14-year-old boy was part of a class with three people watching the group. The number of children in the class is still unknown, according to the report. The group entered the stairwell on the fifth floor and then exited on the second floor, but in the middle of the descent Avonte got away from the group and made his way to the first floor.

The boy then is seen through surveillance cameras walking by the security desk twice before leaving the side door, on Center Boulevard, which had been left opened, according to the report. A few minutes later, a school safety agent closed the door.

According to the report, the boy’s teachers did not notice him missing until 12:40 p.m. and did not notify the assistant principal until 12:56 p.m. who then went to the safety agent at the main desk who told her she had not seen Avonte leave the school. Instead, she emphasized she had seen the boy go up the stairs.

Perecman said the safety agent’s story does not match the surveillance tape that shows the boy leaving the school. He also said the agent initially told Avonte’s grandmother she had not stopped the boy from leaving the school because she didn’t know he was disabled.

“It’s really very distressing to think these are the people watching over your children,” said Perecman. “This place is dysfunctional. These kids should be watching the teachers.”

The timeline report also shows the school administration did not know Avonte had left the building until almost two hours later because they did not have the security codes needed to access the surveillance tapes, according to Perecman.

Perecman also said a lockdown was not put into effect until 2 p.m. because the assistant principal’s initial request for a “soft lockdown” was denied to make sure they did not “upset other students.”

The Department of Education did not respond for comment.

Volunteers and family searching for the boy moved from their outdoor Long Island City headquarters to an indoor one at 21-81A 24th Street in Astoria.

The new headquarters will be opened from 9 a.m. to 9 p.m. Volunteers are encouraged to stop by the site or call 718-606-6610. For more information visit the Official Help Find Avonte Facebook page.

Since Avonte went missing, the reward to find him has increased to $95,000.

Avonte was last seen wearing a gray striped shirt, black jeans and black sneakers. He is 5’3” tall and weighs 125 pounds.

Anyone with information in regards to this incident is asked to call Crime Stoppers at 1-800-577-TIPS (8477). The public can also submit their tips by logging onto the Crime stoppers website or by texting their tips to 274637 (CRIMES) then enter TIP577. All calls are strictly confidential.

After a photo showing a boy on the subway that resembled Avonte Oquendo emerged online Tuesday, police have confirmed it was not the autistic teen who has been missing for close to four weeks, according to reports.

A teenage boy posted on his Facebook a photo of who he believed resembled Avonte riding a F train Tuesday afternoon, according to reports. The image showed the side view of a boy sitting down wearing a tan jacket, green pants, and staring straight ahead. The teen reportedly said he asked the boy if he was Avonte and received no answer.

Police reportedly located the pictured boy and said it was not the missing autistic teen.

Avonte, 14, was last seen at the Center Boulevard School at 1-50 51st Avenue in Long Island City around 12:38 p.m. on Friday, October 4. There have been conflicting reports on how the Rego Park teen, who cannot verbally communicate and is supposed to be supervised at all times, managed to leave the school, said the family’s attorney, David Perecman.

Since Avonte went missing, the reward has increased to $95,000. The reward money includes the support of Health First, the employer of the missing teen’s mother, Suzanne and Bob Wright, co-founders of Autism Speaks, David Perecman of the Perecman Firm, Mayerson & Associates, a New York Law Firm which represents individuals with autism, Manhattan Children’s Center, a nonprofit private autism school an anonymous donor, an anonymous donor and other supporters. ­­

Avonte was last seen wearing a gray striped shirt, black jeans and black sneakers. He is 5’3” tall and weighs 125 pounds.

Anyone with information in regards to this incident is asked to call Crime stoppers at 1-800-577-TIPS (8477). The public can also submit their tips by logging onto the Crime stoppers website at WWW.NYPDCRIMESTOPPERS.COM or by texting their tips to 274637 (CRIMES) then enter TIP577. All calls are strictly confidential.

As Avonte Oquendo, the autistic teen last seen leaving his Long Island City school nearly three weeks ago, still remains missing, police may need to scale back their search.

Avonte, 14, was last seen at the Center Boulevard School at 1-50 51st Avenue in Long Island City around 12:38 p.m. on Friday, October 4. There have been conflicting reports on how the Rego Park teen, who cannot verbally communicate and is supposed to be supervised at all times, managed to leave the school, said the family’s attorney, David Perecman.

According to Avonte’s grandmother, the security guard appointed to the front of the school said she had seen Avonte running towards the door, asked him where he was going and after he did not respond, she just allowed him to leave because she did not know he was a special needs student. Yet, according to Perecman, no student at the school is allowed to leave the property until dismissal.

Avonte’s mother, Vanessa Fontaine, previously told The Courier the school “failed her” when they took close to an hour to inform her that her son had gone missing.

However, according to reports, Police Commissioner Raymond Kelly said the school safety officer did nothing wrong.

On Monday, Kelly also reportedly said the NYPD may have to scale back its search for the teen.

The NYPD has had more than 100 officers searching the streets daily for the boy, who family says loves trains, and looking for him by helicopter and with divers. The police have also been driving around in patrol cars and search vans with loudspeakers playing Avonte’s mother’s voice.

Avonte’s family has also sought help from the Texas Equusearch Mounted Search and Recovery Team, a group of volunteers that have assisted in finding numerous missing people throughout the country.

The team traveled to the site on October 18 to “evaluate the situation” to determine if they have the resources to help search for Avonte.

The family has filed a notice of claim to sue the City of New York for $25 million, citing claims of negligence against both the Department of Education and the Special Security Division which provide the security agents for the school.

An initial $5,000 reward for Avonte’s return was offered by Mayerson & Associates, a New York Law Firm which represents individuals with autism. Manhattan Children’s Center, a nonprofit private autism school, announced it was matching the law firm’s offer with an additional $5,000 from the Gelb Family Foundation.

Since then, the reward has increased to $89,500 with the support of Health First, the employer of the missing teen’s mother, Suzanne and Bob Wright, co-founders of Autism Speaks, David Perecman of the Perecman Firm, and an anonymous donor.

Reverend Al Sharpton held a community outreach rally on Saturday, October 19 at the National Action Network headquarters in Manhattan where members of the organization pledged to canvas the city in search of Avonte.

Oquendo was last wearing a gray striped shirt, black jeans and black sneakers. He is 5’3” tall and weighs 125 pounds.

The NYPD has released a new photo of Avonte together with an image of the shirt he was wearing the day he went missing.

Anyone with information in regards to this incident is asked to call Crime stoppers at 1-800-577-TIPS (8477). The public can also submit their tips by logging onto the Crime stoppers website at WWW.NYPDCRIMESTOPPERS.COM or by texting their tips to 274637 (CRIMES) then enter TIP577. All calls are strictly confidential.

The search continues for Avonte Oquendo, who family members say is a shy yet happy, lovable, care-free and loving boy.

Avonte, 14, who is autistic, was last seen leaving the Center Boulevard School at 1-50 51st Avenue in Long Island City around 12:38 p.m. on Friday, October 4.

There have been mixed reports on how the Rego Park teen, who cannot verbally communicate and is supposed to be supervised at all times, managed to leave the school, said the family’s attorney, David Perecman. Some say the boy ran away while there was an altercation between other students in the lunchroom, while others say the teacher and aide lost sight of him while moving from the lunchroom to the classroom.

According to Avonte’s grandmother, the security guard appointed to the front of the school said she had seen Avonte running towards the door, asked him where he was going and after he did not respond, she just allowed him to leave because she did not know he was a special needs student. Yet, according to Perecman, no student at the school is allowed to leave the property until dismissal.

Perecman said it took the school close to an hour to inform the boy’s mother that he had been missing.

“They failed me, they really did. [They’re] supposed to be a second parent, when you put you kid in school for the day and until they get home. They failed me as a school,” said Vanessa Fontaine, Avonte’s mother. “Now the school system is not trusted. They shouldn’t have waited an hour to notify me that my son was not there.”

The Department of Education decline to comment, saying it is a police matter.
Avonte’s family held a vigil on Friday, October 11 in front of the school, right next to two tents that have worked as “ground zero” for the family to gather volunteers, hand out flyers and serve as an information center.

Daniel Oquendo, the boy’s father who has been at the site with his older son, Daniel, said people have come from all over the city and outside of New York to lend a helping hand.
“It kind of gives you hope for mankind,” he said. “We appreciate everything everyone is doing, we see the love and we appreciate it.”

The NYPD has officers searching the streets daily for the boy, who family says loves trains, and looking for him by helicopter and with divers.

The family has filed a notice of claim to sue the City of New York for $25 million, taking claims of negligence against both the Department of Education and the Special Security Division which provide the security agents for the school.

“Time is of the essence and they did not make use of the time appropriately,” said Perecman.

“There are lots of questions and no answers and no Avonte.”

An initial $5,000 reward for Avonte’s return was offered by Mayerson & Associates, a New York Law Firm which represents individuals with autism. Manhattan Children’s Center, a nonprofit private autism school, announced it was matching the law firm’s offer with an additional $5,000 from the Gelb Family Foundation.

Since then, the reward has increased to $70,000 through the support of Health First, the employer of the missing teen’s mother, Suzanne and Bob Wright, co-founders of Autism Speaks, David Perecman of the Perecman Firm, and an anonymous donor, according to Autism Speaks.

Oquendo was last wearing a gray striped shirt, black jeans and black sneakers. He is 5’3” tall and weighs 125 pounds.

Anyone with information is asked to call Crime Stoppers at (800) 577-TIPS (8477). The public can also submit their tips by logging onto the Crime Stoppers website or can text their tips to CRIMES (274637), then enter TIP577. All calls are strictly confidential.